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GENERAL ASSEMBLY 


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RATIFIED 29th OF JANUARY 1851; 


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TE ORDINANCES O® THE CouMISSION ERS, 


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REVISED AND ADOPTED 


19th March 1859. 
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CHAPEL HILL : 
PUBLISHED BY JAMES M. MENDERSON, ‘ 


1859. 


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LAWS AND ORDINANCES. 


OF 


THE VILLAGE OF CHAPEL HILL. 


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OF THE 
GENERAL ASSEMBLY 


FOR THE 


Getter Grnalation of Chay! Lau, 


RATIFIED 29th OF JANUARY 1851; 


THE ORDINANCES OF THE COMMISSIONERS, 


REVISED AND ADOPTED 


19th March 1859. 


CHAPEL HILL: 
PUBLISHED BY JAMES M. HENDERSON. 
1859. 


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INCORPORATION. 


AN ACT FOR THE BETTER REGULATION OF CHAPEL HILL. 


Section 1. Be it enacted by the General Assembly of the State 
of North Carolina, and it is hereby enacted by the authority of 
thesame, That A. Mickle, C. Scott, Foster Utley, John H. Wat" 
son, John Ward, and their successors in office, shall be a body 
politic and corporate, by the name of ‘‘ The Commissioners of 
Chapel Hill ;” and as such, shall have all the powers and privil- 
eges necessary for the proper government of said village. 

Seco. 2. Beit further enacted, That on the first Thursday in 
February, in every year, the citizens of Chapel Hill shall elect 
five persons Commissioners thereof, who shall remain in office one 


year, and until the election of their successors. 


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Sec. 3. Be it further enacted, That no person shall be eligi- 
ble as a Commissioner unless he be a resident and the owner of 
an acre lot, or freehold estate of the value of five hundred dollars 
in said village; nor shall any person vote insaid election but free 
white males at the age of twenty-one years, subject to taxation, 
and resident therein six months immediately preceeding the 
day of election. 

Sec. 4. Be a further enacted, That any Justice of the Peace 
or any two citizens of the village elligible to the office of Com- 
missioner, (in case there be no resident Justice of the Peace,) 
may hold the election and determine who are elected. A 

Sec. 5. Be it further enacted, That the Commissioners, as soon 
as may be after the election, shall choose a resident of the village 


6 


(not of there own body,) a Magistrate of Police to preside at 
their meetings, and give a casting vote in case of atie; a Town 
Treasurer, Constable and Clerk. They shall ascertain and settle 
the boundaries of Chapel Hill, and cause a plot thereof to be re- 
corded in the journal of their proceedings; and may, on or be- 
fore the first day of April in each year, assess the value of 
town property (Students of the University, and property owned 
by the Trustees thereof, excepted,) as they may deem proper, 
and apply the revenue arising therefrom to the construction, im- 
provement and repair of the streets, and to such other purposes 
as they may deem conducive to the prosperity of the village. 

Sec. 6. Be tt further enacted, That the Town Constable, when 
directed by the Commissioners, shall proceed to collect the tax- 
es; and in the execution of his duty, shall have all the authori- 
ty, and may use all the means, exercised and used by the Sher- 
iffs of this State.in the collection of public taxes. 

Sec. 7. Be it further enacted, That all residents of the vil- 
lage, and persons owning property therein, shall, on or before the 
first day of April, annually, make a written statement of all 
taxable polls and property for which they,may be accountable, and 
deliver the same to the Magistrate of Police. Any person fail- 
ing to make such statement, shall be subject toa double tax ; 
and it shall be the duty of the Town Constable, on the requisi- 
tion of the Commissioners, to proceed to collect the same, on all 
such unreturned persons and property. 

Sec. 8. Be it further enacted, That the Commissioners shall 
appoint a Patrol, ,to consist of all white males, residents of 
said village, between the ages of twenty-one and fifty years, 
(members of the Faculty and Students of the University except- 
ed,) and shall divide into as many companies as they may deem 
proper, and direct the time for the performance of duty by each 
company. Any person who shall fail to perform such duty, (ex- 
cept for good cause, to be judged of by the Commissioners,) shall 
forfeit the sum of one dollar for each failure ; and it shall be the 
duty of the Town Constable to collect and pay over the same to 
the Town Treasurer. 


7 


Sec. 9. Be it further enacted, That it shall be the duty of the 
Commissioners to adopt proper ordinances, and use all other 
lawful measures for the suppression of nuisances, the proper reg- 
ulation of shop-keepers, and the exclusion of itinerant venders 
of spirituous liquors, and all other articles, the sale Me which is 
not licensed by the laws of this State. 

Sec. 10. Be it further enacted, That all enactments, coming 
within the perview of this act, are hereby repealed; and this 
act shall be in force from and after its passage. 


ORDINANCES. 


Br rt Orpainep by the Commissioners of Chap-- 
el Hill, and it is hereby ordained by the authority 
of the same: | 

I. That the boundaries of the. village are, and 
shall be as follows, to wit: Franklin street shall be- 
gin at the point of intersection with a road to Pu- 
refoy’s Mill, in the lands of John Craig, and extend. 
North 63° 40’; East, two thousand six hundred and 
twenty-two yards, to the point where it intersects 
the line of the land owned by the Trustees of the 
University. Raleigh Street shall extend to a point in 
a line parallel with Franklin Street, which shall in- 
elude the Grave Yard—and Hillsborough Street to. 
a point ina line parallel with Franklin Street, which. 
shall be equidistant from said Street, with the term- 
inus of Raleigh Street. The exterior boundary 
shall be a rectangle, formed by hnes passing through 
these four points, including by computation, an area 
of eight hundred and thirty-nine acres and one sixth 
of an acre. 

It. The Town Constable shall, as early as prac- 
ticable, after the first day of April in each year, 


10 


collect and pay over to the Treasurer, all monies 
due for taxes. 

II. The Treasurer shall pay no account against 
the Commissioners, until it shall have been allow- 
ed by the Board, and certified by the Clerk. 


/ WV. No contract made by a Committee, involv- 
ing an expenditure of more than twenty-five dol- 
lars, shall be valid, until it shall have been ratified 
.. and approved by the Board. 


V. No person shall receive compensation for al- 
leged services rendered the Commissioners, unless 
under a contract previously made with the Board. 


VI. No Instructor shall be permitted to occupy 
the Village School House, until he shall have given 
bond with sufficient sureties, payable to the Com- 
missioners, and delivered to the Treasurer, to pay 
rent at the rate of twenty-five dollars per annum, 
and at the end of the term to return the building in 
as good order as it was when he received it. 

VII. The carcasses of hogs, or other animals, dy- 
ing in the streets or lots, must be removed by the 
owner, immediately upon notice being given, under 
a penalty of one dollar for each omission to do so. 


Vill. No person, unless while engaged in erec- 
ting a ‘house, shall place timber, brick, stone, fire- 
wood, or rubbish of any kind, in any street, and 
suffer the same to remain longer than a day, under 
a penalty of one dollar for each day the nuisance 
may continue after notice to remove the same. 


14 


TX. No person, shall unnecessarily load or 
unload goods, wares or other articles, in or from a 
wagon or cart, on the Sabbath day, under a penalty 
of five dollars. 

X. No itinerant vender of spirituous liquors, or 
other prohibited articles, shall offer the same for 
sale, in any quantity, within the limits of the Vil- 
lage, under a penalty of five dollars in each instance 
of selling or offering to sell. 

XI. Every organist or travelling musician, or 
foreign beggar, who shall play for reward, or solicit 
charity in the streets or from door to door, shall in- 
eur a penalty of one dollar for each offence, unless 
the Magistrate of Police ‘shall remit the same to 
blind persons, and others unable to earn a liveli- 
hood by manual labor. 


XII. No person shall erect a kiln to dry plank, 
or other lumber, within two hundred feet of any 
dwelling house, or within forty feet of any shop or 
out-house. Such kiln, if erected, shall be deemed 
a nuisance, and be subject to abatement and a pen- 
_alty of twency-five dollars. No black-smith shop 
shall be erected, hereafter, (unless with brick walls 
and metal roof,) within two hundred feet of any 
dwelling house or within fifty feet of any shop or 
outhouse. Such shop, if erected, shall be deemed 
a nuisance, and be subject toe abatemant and a fine 
of twenty-five dollars. : 


XI. No person shall permit slaves, or persons 
of color, to meet and dance in any kitchen or oth- 


12 


er house, without license first obtained from the 
Magistrate of Police or two Commissioners, under 
the penalty of five dollars: for each offence. 

1 XIV. No person shall hitch a horse or mule to 
a shade tree or on the side walks, or wontonly ride 
or drive with dangerous.rapidity through thestreets, — 

.. under a penalty of five dollars for each offence. 

XV. It shall be the duty of the Magistrate of 
Police and the Town Constable to adopt the proper 
measures to ascertain the true condition of all per- 


sons of color residing in the Village and claiming 
to be free. | 


XVI. No. person, shall opem any Restaurant, 
Refectory, or like establishment upon the Sabbath 
day. Any person. violating this ordinance, shall 
incur a penalty of five dollars. for each offence. 


XVII. All oats, hay, fodderand other provender 
sold in the Village, shall be weighed at the publie 
scales, by the Weigh Master, who shall give a cer- 
tificate of the weight of the lead, and also of the 
weight of the vehicle when unloaded ; and ifany 
person shall sell or buy any unweighed provender, 
he or she shall incur a penalty of five dollars.. 


XVIII. The Weigh Master shall record the name 
of the person, the weight of the load, and the 
amount charged for weighing the same, and shall be 
entitled to receive for each load weighing less than 
five hundred pounds, ten cents ; more than five 


13 
hundred and less than one thousand pounds, fifteen 
cents; and more than one thousand pounds, twenty 
cents. Those who sell Hay, Qats and other Proy- 
ender, shall pay the Weigh Master’s fee therefor. 

XIX. July 10th, 1857.—No_ hand-cart, wheel- 
barrow, wagon, nor any other vehicle shall be al- — 
lowed to pass upon the side walk, and no person 
shall ride on horse back’on any of the side walks 
in the village of Chapel Hill, under a penalty of 
fifty cents for rolling a wagon, cart or wheel-barrow, 
and one dollar for each offence of riding on the side- 
walks of said village. 

XX. April 21st, 1858.—No person or persons 
shall cut down, dig up, or otherwise destroy or in- 
jure any shade tree upon the sidewalk of any street 
in the Village of Chapel Hill, under a penalty of 
twenty-five dollars. 


XXI.—It¢ shall not be lawful for negroes from the 
country to collect in or loiter about the streets of 
Chapel Hill upen Tax gathering or lection days, 
after four o’clock, P. M., and any negro or negroes 
offending against this Rihaies, may be whipped 
at the discretion of the Town Constable. 


XXIL. Sept. 12th 1858.—It shall not be lawful 
for any person or persons to fill up or cause to be 
filled up, or in any way render any ditch, drain or 
- passage for water, useless for the purpose for which 
it was intended, under a penalty of ten dollars. 


XXIII. It shall be the special duty of the Town 
Constable to observe, and report at every meeting 


14 


of the Commissioners, all violations of’ these ordi- 
nances. He shall, moreover, be careful to arrest all 
persons, (Students of the University excepted,) who: 
may be drunken and disorderly and all itenerant 
venders of spirituous liquors, who may be found in 
the public streets, or within the limits of the vil- 
lage, by night or by day, and for these services 
he shall receive twenty per cent of allfines that may 
be collected under these laws. 


CORPORATION, 1859. 


MAGISTRATE OF POLICE, 


JAMES B. McDADE, ESQ. 


COMMISSIONERS. 


ANDREW MICKLE, 
CALVIN SCOTT, 
JOHN WARD, 

JOHN H. WATSON, 
FOSTER UTLEY. 
ANDREW MICKLE, Town Treasurer. 


WAYNE H. McDADE, Town ConstaBte. 
JOHN M. BLACKWOOD, Town Crerx. 


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This book must not 
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Library building. 


